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Can landlord deduct clean fees from my security deposit, these charges are not present in the lease agreement

Asked over 3 years ago - Fresno, CA

I recently gave notice to move. i only lived in the apartment 2 1/2 months. My manager is telling me they will deduct 255.00 from my security deposit for cleaning the apartment. It is spotless. She agreed but said that those were fees that the cleaning company charged. I said that was not right.
help. jf

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I have a similar problem in Illinois, but my question is whether I need to return the check for partial payment and demand a new check for the full amount, or whether I can cash the check and still seek the difference? If so, do I need to write anything pertinent on the check before cashing it? (partial payment etc;) Also, in Illinois after 30 days I am entitled to double the amount of the original deposit. She just sent it to me, 14 days over the time limit. Can I sue for the difference between double and the check if I have to drag her to court?

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David Carl Beyersdorf

Reputation Level 13

Answered over 3 years ago. Personal Injury Lawyer in Fresno, CA.

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Under the code, the landlord is only entitled to deduct what is necessary to bring the place back to the condition it was when you moved (Normal wear and tear cannot be billed to you). If the place was spotless, it sounds like it was unnecessary for them to spend the $225.00. Also, the landlord is required to allow you to have a walk-through of the apartment and point out any problems. This is to allow you an opportunity to repair or clean anything that that the landlord would otherwise be able to bill you for. If you were allowed no opportunity to fix any problems, they are not allowed to bill you. Take them to small claims if they don't refund the entire deposit. (Always take into consideration whether or not it will be worth your time before initiating court action. The landlord knows that $225.00 will not be fighting about for most people. That is whay they usually get away with this.) Good Luck

David C. Beyersdorf

www.fresnolegal.net

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